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R-09-01-22-9F3 - 1/22/2009
RESOLUTION NO. R -09-01-22-9F3 WHEREAS, the City of Round Rock desires to retain engineering services for the Meister Lane Project, and WHEREAS, HDR Engineering, Inc. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with HDR Engineering, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Engineering Services with HDR Engineering, Inc. for the Meister Lane Project, a copy of said contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 22nd day of January, 2009. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: (4,611, SARA L. WHITE, City Secretary 0:\WDOX\RESOLUTI\R90122F3.DOC/rmc „,,1°*ROU11164D ROCK, TEXAS tiaaosr:;mom. PRosa®ur c CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: HDR ENGINEERING, INC. ADDRESS: 4401 West Gate Blvd., Suite 400, Austin, TX 78745 PROJECT: Meister Lane Protect ("Engineer”) THE STATE OF TEXAS COUNTY OF WILLIAMSON THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the day of , 2009 by and between the CITY OF ROUND ROCK, a Texas home - rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299, (hereinafter referred to as "City"), and Engineer, and such Contract is for the purpose of contracting for professional engineering services. RECITALS: WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Procurement Act" provides for the procurement by municipalities of services of professional engineers; and WHEREAS, City and Engineer desire to contract for such professional engineering services; and WHEREAS, City and Engineer wish to document their agreement concerning the requirements and respective obligations of the parties; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: Engineering Services Contract 0199.7090; 150678 STO2MEIS EXHIBIT 2 a "An 1 Rev. 10/08 00064494 CONTRACT DOCUMENTS The Contract Documents consist of this Contract and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Contract as if attached to this Contract or repeated herein. ARTICLE 1 CITY SERVICES City shall perform or provide services as identified in Exhibit A entitled "City Services." ARTICLE 2 ENGINEERING SERVICES Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering Services." Engineer shall perform the Engineering Services in accordance with the Work Schedule as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineering Services under this Contract may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by City and Engineer of all Engineering Services. Should the review times or Engineering Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may submit a timely written request for additional time, which shall be subject to the approval of the City Manager. ARTICLE 3 CONTRACT TERM (1) Term. The Engineer is expected to complete the Engineering Services described herein in accordance with the above described Work Schedule. If Engineer does not perform the Engineering Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue from day to day until such time as the Engineering Services are completed. Any Engineering Services performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of Engineering Services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all Engineering Services required under this Contract in a professional manner. 2 (3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with Engineering Services until authorized in writing by City to proceed as provided in Article 7. ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as full compensation for the Engineering Services performed and to be performed under this Contract. The amount payable under this Contract, without modification of the Contract as provided herein, is the sum of Two Hundred Twenty Thousand Eighty -Three and No/100 Dollars ($220,083.00) as shown in Exhibit D. The lump sum amount payable shall be revised equitably only by written Supplemental Contract in the event of a change in Engineering Services as authorized by City. Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the Engineering Services and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory progress of Engineering Services shall be an absolute condition of payment. The fee herein referenced may be adjusted for additional Engineering Services requested and performed only if approved by written Supplemental Contract. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall prepare and submit to City, not more frequently than once per month, a progress report as referenced in Article 4 above. Such progress report shall state the percentage of completion of Engineering Services accomplished during that billing period and to date. Simultaneous with submission of such progress report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a form acceptable to City. This submittal shall also include a progress assessment report in a form acceptable to City. Progress payments shall be made in proportion to the percentage of completion of Engineering Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering Services actually provided and performed. Upon timely receipt and approval of each statement, City shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its determination, that tasks were completed. The certified statements shall show the total amount earned to the date of submission and shall show the amount due and payable as of the date of the current statement. Final payment does not relieve Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its negligence. 3 ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer will be made within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for services, whichever is later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy, however, this policy does not apply in the event: A. There is a bona fide dispute between City and Engineer concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the Engineering Services performed which causes the payment to be late; or D. The invoice is not mailed to City in strict accordance with instructions, if any, on the purchase order, or this Contract or other such contractual agreement. City shall document to Engineer the issues related to disputed invoices within ten (10) calendar days of receipt of such invoice. Any non -disputed invoices shall be considered correct and payable per the terms of Chapter 2251, V.T.C.A., Texas Government Code. ARTICLE 7 NOTICE TO PROCEED The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a written Notice to Proceed regarding such task. The City shall not be responsible for work performed or costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued. ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Contract is as follows: Bill Stablein Project Manager II Transportation Services Department 212 Commerce Boulevard Round Rock, Texas 78664 Telephone Number (512) 218-5562 Fax Number (512) 218-3242 Email Address bstablein@round-rock.tx.us 4 City's Designated Representative shall be authorized to act on City's behalf with respect to this Contract. City or City's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential progress of Engineering Services. Engineer's Designated Representative for purposes of this Contract is as follows: George Tillett, P.E. Project Manager 4401 West Gate Blvd., Suite 400 Austin, TX 78745 Telephone Number (512) 912-5186 Fax Number (512) 912-5158 Email Address gtillett@hdrinc.com ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the Engineering Services, confer with City at City's election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by City, in order for City to evaluate features of the Engineering Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the offices of City, or at other locations designated by City. When requested by City, such conferences shall also include evaluation of the Engineering Services. Should City determine that the progress in Engineering Services does not satisfy the Work Schedule, then City shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise City in writing of events which have or may have a significant impact upon the progress of the Engineering Services, including but not limited to the following: (1) Problems, delays, adverse conditions which may materially affect the ability to meet the objectives of the Work Schedule, or preclude the attainment of project Engineering Services units by established time periods; and such disclosure shall be accompanied by statement of actions taken or contemplated, and City assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the Work Schedule goals sooner than anticipated. 5 ARTICLE 10 SUSPENSION Should City desire to suspend the Engineering Services, but not to terminate this Contract, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by agreement and signature of both parties. The Engineering Services may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of both parties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option of terminating this Contract. If City suspends the Engineering Services, the contract period as determined in Article 3, and the Work Schedule, shall be extended for a time period equal to the suspension period. City assumes no liability for Engineering Services performed or costs incurred prior to the date authorized by City for Engineer to begin Engineering Services, and/or during periods when Engineering Services is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL ENGINEERING SERVICES If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify City in writing. In the event City finds that such work does constitute extra work and exceeds the maximum amount payable, City shall so advise Engineer and a written Supplemental Contract will be executed between the parties as provided in Article 13. Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Contract. City shall not be responsible for actions by Engineer nor for any costs incurred by Engineer relating to additional work not directly associated with the performance of the Engineering Services authorized in this Contract or any amendments thereto. ARTICLE 12 CHANGES IN ENGINEERING SERVICES If City deems it necessary to request changes to previously satisfactorily completed Engineering Services or parts thereof which involve changes to the original Engineering Services or character of Engineering Services under this Contract, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional Engineering Services and paid for as specified under Article 11. Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to correct errors appearing therein, when required to do so by City. No additional compensation shall be due for such Engineering Services. 6 ARTICLE 13 SUPPLEMENTAL CONTRACTS The terms of this Contract may be modified by written Supplemental Contract if City determines that there has been a significant change in (1) the scope, complexity or character of the Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4. It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until the City authorizes full execution of the written Supplemental Contract and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. ARTICLE 14 OWNERSHIP OF DOCUMENTS All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this Contract are the exclusive property of City and shall be furnished to City upon request. All documents prepared by Engineer and all documents furnished to Engineer by City shall be delivered to City upon completion or termination of this Contract. Engineer, at its own expense, may retain copies of such documents or any other data which it has furnished City under this Contract. ARTICLE 15 PERSONNEL, EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering Services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the project when so instructed by City. Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the Engineering Services required under this Contract, or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under this Contract without prior written approval from City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by City prior to Engineering Services being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. 7 ARTICLE 17 EVALUATION OF ENGINEERING SERVICES City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the Engineering Services performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This Contract may be terminated as set forth below. (1) By mutual agreement and consent, in writing, of both parties. (2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to perform the Engineering Services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. (4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon not less than thirty (30) days' written notice to Engineer. (5) By satisfactory completion of all Engineering Services and obligations described herein. Should City terminate this Contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to Engineer. In determining the value of the Engineering Services performed by Engineer prior to termination, City shall be the sole judge. Compensation for Engineering Services at termination will be based on a percentage of the Engineering 8 Services completed at that time. Should City terminate this Contract under Subsection (4) immediately above, then the amount charged during the thirty -day notice period shall not exceed the amount charged during the preceding thirty (30) days. If Engineer defaults in the performance of this Contract or if City terminates this Contract for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer in performing the Engineering Services to the date of default, the amount of Engineering Services required which was satisfactorily completed to date of default, the value of the Engineering Services which are usable to City, the cost to City of employing another firm to complete the Engineering Services required and the time required to do so, and other factors which affect the value to City of the Engineering Services performed at the time of default. The termination of this Contract and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations, then City may take over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be liable to City for any additional and reasonable costs incurred by City. Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of any procurements made by Engineer in support of the Engineering Services under this Contract. ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. Engineer shall comply with all applicable federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Contract, including without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall furnish City with satisfactory proof of his/her/its compliance. Engineer shall further obtain all permits and licenses required in the performance of the Engineering Services contracted for herein. (2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the Engineering Services performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act. ARTICLE 22 INDEMNIFICATION Engineer shall save and hold harmless City and its officers and employees from all claims and liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this Contract, which are caused by or which result from the negligent error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. 9 Engineer shall also save and hold City harmless from any and all expenses, including but not limited to reasonable attorneys fees which may be incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City as a result of such negligent activities by Engineer, its agents, or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall promptly make necessary revisions or corrections to its work product resulting from errors, omissions, or negligent acts, and same shall be done without compensation. City shall determine Engineer's responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be relieved of responsibility for subsequent correction of any such errors or omissions in its work product, or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to City in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers. ARTICLE 25 NON -COLLUSION. FINANCIAL INTEREST PROHIBITED (1) Non -collusion. Engineer warrants that he/she/it has not employed or retained any company or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City reserves and shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (2) Financial Interest Prohibited. Engineer covenants and represents that Engineer, his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. ARTICLE 26 INSURANCE (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire term while this Contract is in effect professional liability insurance coverage in the minimum amount of One Million Dollars per claim from a company authorized to do insurance business in Texas and 10 otherwise acceptable to City. Engineer shall also notify City, within twenty-four (24) hours of receipt, of any notices of expiration, cancellation, non -renewal, or material change in coverage it receives from its insurer. (2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum insurance required in Article 26, Section (1) above, including the required provisions and additional policy conditions as shown below in Article 26, Section (3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this Contract, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: (a) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non- renewal or reduction in limits by endorsement a notice thereof shall be given to City by certified mail to: City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 (b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any such future coverage, or to City's Self -Insured Retentions of whatever nature. (4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein entitled "Certificates of Insurance." ARTICLE 27 COPYRIGHTS City shall have the royalty -free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, any reports developed by Engineer for governmental purposes. 11 ARTICLE 28 SUCCESSORS AND ASSIGNS This Contract shall be binding upon and inure to the benefit of the parties hereto, their successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any interest in this Contract, in whole or in part, by operation of law or otherwise, without obtaining the prior written consent of City. ARTICLE 29 SEVERABILITY In the event any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto in writing. ARTICLE 31 ENGINEER'S ACCOUNTING RECORDS Records pertaining to the project, and records of accounts between City and Engineer, shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives at mutually convenient times. The City reserves the right to review all records it deems relevant which are related to this Contract. ARTICLE 32 NOTICES All notices to either party by the other required under this Contract shall be personally delivered or mailed to such party at the following respective addresses: City: City of Round Rock Attention: City Manager 221 East Main Street Round Rock, TX 78664 12 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: George Tillett, P.E. Project Manager HDR Engineering, Inc. 4401 West Gate Blvd., Suite 400 Austin, TX 78745 ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the Engineering Services for each phase of this Contract within the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. (2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. (4) Standard of Performance. The standard of care for all professional engineering, consulting and related services performed or furnished by Engineer and its employees under this Contract will be the care and skill ordinarily used by members of Engineer's profession practicing under the same or similar circumstances at the same time and in the same locality. Excepting Articles 25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise, in connection with the Engineering Services. 13 (5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer's experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Engineer prepares. (6) Opinions and Determinations. Where the terms of this Contract provide for action to be based upon opinion, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable. ARTICLE 34 SIGNATORY WARRANTY The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he/she has executed this Contract and that he/she has full and complete authority to enter into this Contract on behalf of the firm. The above -stated representations and warranties are made for the purpose of inducing City to enter into this Contract. IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its corporate name by its duly authorized City Manager or Mayor, as has Engineer, signing by and through its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. CITY OF ROUND ROCK, TEXAS APPROVED AS TO FORM: By: Alan McGraw, Mayor Stephan L. Sheets, City Attorney ATTEST: By: Sara L. White, City Secretary HDR ENGINEERING, INC. By: Signature of 4'rincjpa1 Printed Name: Net A. 6ir F' 14 LIST OF EXHIBITS ATTACHED (1) Exhibit A City Services (2) Exhibit B Engineering Services (3) Exhibit C Work Schedule (4) Exhibit D Fee Schedule (5) Exhibit E Certificates of Insurance Exhibit A City Services The City will provide for the Engineer under this agreement the following items/information: 1. Review, comment and approve roadway design criteria. 2. Review, comment and approve roadway lane and stripping plan for the intersections and roadway. 3. Review, comment and approve interim and final design plan submittals. 4. Provide latest contract document information. 5. Schedule, coordinate and conduct meeting of affected property owners. 6. Provide a digital aerial photo of the project area. 7. Provide a digital terrain model (DTM) for the project area. 8. Provide a list of utility providers with contact names and phone numbers for the project area. 9. Conduct utility meetings and coordination. 10. Provide existing plans if available. 11. Provide plans for adjacent developments. 12. Provide existing signal plans. 13. Provide any plat or development information available. Exhibit B The work to be performed by HDR, Inc. (ENGINEER) under this contract shall consist of providing engineering services for roadway, drainage, and traffic design and preparation of 1 (one) set of Plans, Specifications, and Estimates (PS&E) for the reconstruction of Meister Lane from the SH45 Westbound Frontage Road to Gattis School Road in the City of Round Rock. The PS&E package will be based on the approved preliminary design to be submitted to the City upon completion and prior to the 60% level of design plan submittal. Limits of the construction will include appropriate transitions and geometry (vertical and horizontal) where required to connect the proposed pavement sections to the existing intersection at each end of the project. The roadway will be designed as a Collector Street with provisions for a sidewalk on the west side of the street. If ROW allows, a sidewalk on the east side may be added. The project shall be designed in accordance with City of Round Rock Design and Construction Standards and applicable design standards and specifications for this type of facility. All coordinate geometry will be based on and tied into the CITY's coordinate system and be compatible with the current Geographical Information Systems (GIS) in use by the CITY. Additional ties to survey control established for the RRISD High School or SH45 project shall be completed as necessary to coordinate the two projects. The ENGINEER shall collect, review, and evaluate the available existing data pertaining to the above project and prepare the PS&E in accordance with the requirements and policies of the CITY. Contract Constraints and Conditions The project will be developed in English units. The PS&E package shall be prepared in accordance with the requirements of the applicable CITY Specifications, Standards, and Manuals (current versions in effect on the NTP date). Whenever possible, the CITY's standard drawings, standard specifications, or previously approved special provisions and/or special specifications will be used. If a special provision and/or special specification must be developed for this project, it shall be in a format acceptable to the CITY and, to the extent possible, incorporate references to approved test procedures. All design exceptions to CITY design criteria shall be requested in writing, by the ENGINEER for approval by the CITY prior to incorporating the criteria into the project design. The Engineer shall develop the project as appropriate to avoid conflicts or minimize major relocation of utilities. No ROW acquisition is anticipated for this project. The ENGINEER shall determine the 60% design level if additional ROW or easements are necessary to construct the Page 1 of 11 project. If the CITY agrees that additional ROW or easements are required, the ROW coordination, surveying or property acquisition services will require a supplemental scope and fee. Such additional work shall only be initiated after written direction from the CITY. The ENGINEER shall coordinate, as required, with the Texas Department of Transportation (TxDOT) in regards to the intersection with SH45 and will submit the applicable permit, if required. It is anticipated that the permitting process will be standard and straightforward. Additional requirements imposed by the TxDOT and discovered through the coordination process and necessary to obtain the TxDOT's approval will require a supplemental scope and fee. Such additional work shall only be initiated after written direction from the CITY. Any Environmental permitting will require an additional scope and budget under a supplemental agreement. The CITY will be the principal point of contact for public or private inquiries regarding the project. PS&E DEVELOPMENT TASK OUTLINE TASK 1: PROJECT MANAGEMENT A. Perform necessary coordination with the TxDOT regarding the proposed construction within the SH 45 ROW including required permits and the Environmental Document (Categorical Exclusion). B. Preparation of project correspondence including reports, record keeping, letters as necessary. C. Coordination with sub -consultants. D. Preparation of monthly invoices. E. Attend periodic progress meetings as required during project development. F. Attend one meeting with affected stakeholders including adjacent property owners if required. G. Establish project design criteria in consultation with the CITY. TASK 2: FIELD SURVEY AND MAPPING A. Obtain right of entry (short of litigation) to adjacent properties, as required. B. Furnish temporary signs, traffic control, flags, and safety equipment as needed during field survey operations. C. Locate existing right of way lines and adjoining parcel line locations. D. Survey will be based on State Plane Coordinate System using NAD 83/88. All coordinate geometry and vertical elevations will be based on and tied into the TxDOT and the City of Round Rock coordinate system as agreed to by the ENGINEER and the CITY. Provide location of Primary Control including Page 2 of 11 permanent project benchmarks and traverse points (description, coordinates and elevations). E. Topographic mapping and profile the entire survey area including the intersections at Gattis School Road and SH 45 frontage road. Provide topographic map plot at a scale of 1"=100', depicting surface features, legible text (leadered in if necessary) and 1 -foot contour lines indexed at even 5 -foot intervals. Show existing ROW on Meister Lane, Gattis School Road, and SH45. Forward hard copy plots and digital files (digital files shall be in Micro Station V8 — 3D format on CD-ROM). Provide a separate Micro Station file that contains 3D break lines, existing ground triangulation network and contours with elevations. Provide digital ASCII file (on CD-ROM) and hard paper copy of all survey points including point numbers, N&E coordinates, elevation, and description format. F. Locate all mailboxes (single, double, etc.), signs including size, types, location and verbiage. Measure all guardrail and permanent erosion control measures. Collect the required miscellaneous information including; measurements of riprap, retaining walls, drainage culverts and structures and note types, sizes, and shapes, measure pier size and skew angle. G. Obtain cross-section elevations across the ROW and a minimum of 25 feet beyond the ROW line within the project limits. H. Establish & Stake Baseline Control & furnish listing of horizontal alignment & coordinates for baseline control. I. Establish benchmarks at 1,000 foot maximum intervals for vertical control in locations that will not be disturbed by construction and tie to established benchmarks. J. Preparation of a 3D digital terrain model (DTM) for the project limits. K. Plot geotechnical bore hole locations based on locations provided by the geotechnical sub consultant. L. Establish x, y, and z coordinates of power poles, manholes and valves of various utilities, and flow lines of existing sanitary sewer and storm sewer lines. M. Locate marked existing underground utilities horizontally within the limits of the survey. Vertically locate utility lines that are readily accessible at manholes, valve covers, etc. Survey requiring excavation to expose utility lines is not part of this scope of services and would require a supplemental agreement. N. Place the location of existing utilities on the survey. Provide a list of utilities as marked by utility owners. Coordinate with identified utilities within the project limits. O. Obtain stationing on all side road and/or driveway pipes and offset distances from centerline of highway. Also, the type of surface, width of roadway or driveway, and skew to centerline shall be noted. Measure size, length and type of pipe. Obtain flow line elevations of existing culverts and ditches and center of driveway or roadway elevations. P. Field surveys shall be required for the establishment of a horizontal base line and benchmark circuit for the project, horizontal and vertical ties of critical existing facilities and features, including all features influencing existing streets and driveways, and of the existing right-of-way lines. The ENGINEER's Surveyor will Page 3of11 stake in the field P.I.'s, P.O.T.'s, P.C.'s and P.T.'s for the approved centerline alignment. Note: No aerial mapping services are included under this scope of services. TASK 3: GEOTECHNICAL INVESTIGATION AND DESIGN A. Prepare and submit for approval a geotechnical boring plan for approval prior to drilling. Drill 3 borings to a depth of 10 feet or refusal into rock for use in pavement design. B. Using the "One -Call" utility locate system to have utilities located prior to drilling. C. Provide necessary minor traffic control measures to protect the traveling public during the drilling operations. Samples will be taken using conventional auger and Shelb-tube sampling techniques. D. Field locate the bore locations and record the location and elevation of each with a hand held GPS system or tape measure and right angle measurements. Furnish the location data to the Project surveyor for placing in the survey electronic file. E. Prepare bore logs for each boring location. F. Complete a testing program of samples collected in the field to include moisture content tests, Atterberg Limits (plasticity tests), grain size analyses, and California Bearing Ratio testing. G. Develop Pavement Design using "The Flexible Pavement Design Manual for "Flexible Pavement"" and the current AASHTO Guide for the Design of Pavement Structures, will be the governing references for this design. Development of the pavement design alternatives shall be in consultation with the CITY. Flexible pavement designs will be analyzed utilizing the FPS program, while rigid pavement designs will be analyzed utilizing the Darwin 3.01 program. All pavement design will use traffic data furnished by the CITY. H. Prepare a Geotechnical Engineering Report for the project to include the results of the geotechnical investigation and recommendations for pavement structure design and construction methods. The proposed pavement designs shall be based on the results of the geotechnical investigation, laboratory testing, and the City of Round Rock Design and Construction Standards. TASK 4: ROADWAY DESIGN, DRAINAGE, INTERSECTION & DRIVEWAY DETAILS A. Geometric Design 1. Produce roadway plan & profile sheets and supporting details. 2. All geometric design shall be according to the City of Round Rock "Design and Construction Standards" and other relevant published manuals or criteria for the appropriate functional classification. 3. Design vertical profile to accommodate drainage, design speeds, intersections, driveways or any other clearance considerations. 4. Coordinate with adjacent development including the RRISD High School currently under construction regarding driveway and access issues. Page 4of11 B. Hydrologic Studies, Discharges 1. Produce drainage area plan sheets showing drainage area and structure locations. 2. Determine peak discharge at structures. 3. Produce plan sheets including all hydrologic computations. 4. Obtain and review data regarding existing drainage patterns and structures based on readily available information and field visits. C. Hydraulic Studies, Structure Sizing 1. Perform and document hydraulic computations for the sizing of: a. Storm Sewer design as necessary. b. Drainage Culverts as necessary. c. Channels and Outfalls within the Right of Way or Easements. 2. Produce plan sheets including all hydraulic computations. D. Produce drainage details as necessary. Produce summary of drainage structure quantities. F.R.O.W. Acquisition 1. Identify additional R.O.W. or drainage easement needs in consultation with the CITY. TASK 5: ROADWAY CROSS-SECTION DESIGN A. Grading Design 1. The Engineer will establish a digital terrain and roadway geometry model using GEOPAK. B. Determine earthwork and paving quantity calculations with the GEOPAK roadway geometry model. TASK 6: TRAFFIC CONTROL PLAN A. Prepare a conceptual traffic control plan for the CITY's approval prior to proceeding with detailed design of the Traffic Control Plan B. Prepare the Sequence of Construction narrative. C. Prepare detailed Traffic Control Plan in accordance with the Texas Manual of Uniform Traffic Control Devices (TMUTCD) and applicable standards. TASK 7: TRAFFIC ENGINEERING A. Collect AM and PM peak hour turning movement volumes at the intersection of Meister Lane and Gattis School Road. B. Forecast design year turning movement volumes at the intersection of Meister Lane and Gattis School Road. C. Based on the forecasted volumes, evaluate up to three options (using Synchro software package) to identify the desired lane configuration for the northbound approach of Meister Lane at Gattis School Road. Page 5of11 TASK 8: SIGNING AND PAVEMENT MARKINGS A. Prepare signing and pavement marking Sheets. TASK 9: STORMWATER POLLUTION PREVENTION PLAN (SW3P) AND EROSION CONTROL PLAN B. Prepare SW3P Narrative Sheet. C. Prepare SW3P and Erosion Control to include temporary and permanent erosion control measures. TASK 10: UTILITY COORDINATION A. Coordinate with city utility coordinator and furnish a notice of construction to the CITY for coordination with utility companies with a project layout in order for the utility companies to identify and annotate their utilities on this layout. B. Attend City utility coordination meetings to discuss the proposed project and identify and resolve utility conflicts with utility owners. C. Prepare utility exhibits based on field survey of above -ground features and readily available utility data furnished by the CITY or private utility owners. D. The Engineer shall submit plan sheets with a list of utilities to be adjusted to the CITY. E. Coordinate and attend City utility meetings to coordinate with the utility companies. TASK 11: SIGNAL DESIGN AT GATTIS SCHOOL RD A. Conduct a field review of the intersection to note and verify existing traffic signal equipment, existing intersection geometrics, physical constraints, power connection, utility placement, and any other details necessary for signal plan preparation. B. Meet with the CITY to discuss schedule and scope of work to undertake traffic signal design at the intersection of Meister Lane/Round Rock Ranch Boulevard and Gattis School Road. One meeting has been assumed. C. Obtain existing signal plans, if available, for the intersection of Meister Lane/Round Rock Ranch Boulevard and Gattis School Road. This information will be provided by the CITY. D. Coordinate with Texas One Call System and CITY to locate all utilities in the field. E. Attend meeting in the field with CITY to locate and confirm locations of proposed controller and signal poles. F. Prepare draft sets of plans and quantity estimates for the intersection of Meister Lane/Round Rock Ranch Boulevard and Gattis School Road. Draft plans will include complete traffic signal plan sets for the intersection, including pavement markings, signage, and communication equipment details necessary to facilitate traffic signal operations. Page 6of11 G. Prepare final set of plans, which incorporate all previous comments and submit to OWNER. H. Attend pre -construction meeting with OWNER and Contractor. I. Assist project team in preparation of bid documents for traffic signal modification at the intersection of Meister Lane/Round Rock Ranch Boulevard and Gattis School Road. TASK 12: BID DOCUMENT PREPERATION A. Assemble the Project Manual including standard City of Round Rock bid documents and specifications. B. Prepare Advertisement for Notice to bidder. C. Advertise bid notice in the appropriate public notice locations. TASK 13: QUALITY CONTROL PLAN REVIEW A. Provide QA/QC and constructability review of all deliverables prior to submittal to the CITY. QA/QC reviews shall be documented for the 60%, and 100% design levels. TASK 14: BID PHASE SUPPORT A. .Respond to bidders questions during the bid phase. B. .Prepare the bid tabulation and recommendation for award. C. Prepare Contract documents once award is made. TASK 15: CONSTRUCTION PHASE SERVICES A. Attend Pre -construction meeting. B. Respond to RFI by contractor and update and issue appropriate sheets if required. C. Prepare change orders, update and issue appropriate sheets and quantity verifications. D. One Monthly Site visit (assume 8 visits). E. Prepare final as built drawings from red lines provided by the contractor and City. Construction Observation Services are not included in this Scope of Services. TASK 16: MISCELLANEOUS TASKS A. Title sheet, Index, Project Layout, Typical Sections. B. CORR and TxDOT Standards. C. Summary of Quantities Sheets and Estimate. D. Prepare Final Construction Cost Estimate. E. Prepare 60% & 100% Submittals. F. Prepare mylars. Page 7 of 11 PLAN PREPARATION PROCEDURES 1. Title Sheet The ENGINEER shall be responsible for producing the title sheet per the CITY's standard for this type of construction. 2. Summary Sheets Summary Sheets are required to indicate type, quantity and/or location of work for all applicable pay items. 3. Sequence of Construction/Traffic Control Plan Particular attention shall be given to location of construction signs and barricades, lane widths, protection of drop-offs, etc. As a reference, the Texas Manual of Uniform Traffic Control Devices (TMUTCD) shall be used. The usual scale is 1 inch = 100 feet with 1 inch = 50 feet for detailed locations. A narrative of each sequence shall be included on the plan sheets. Staging of major drainage structures and utilities shall be considered. Provisions for temporary drainage shall be considered and included during all stages of construction operations. 4. Plan Profile Sheets The usual scale is 1 inch = 100 feet. The plan view shall include but not be limited to: Roadway Alignment; Pavement Markings; Edge of Pavement and ROW Break Points. The profile view shall include but not be limited to: Design Profile Grade at the centerline (Gradient & Vertical Curve Data); Existing Profile Grade Line at the centerline and at each; ROW line; Existing and Proposed Elevations; and Location and description of cross road culverts. 5. Storm Sewer Computation Sheets These sheets shall contain a summary of hydrologic and hydraulic calculations. 6. Storm Sewer Details The plan set shall include standard drainage details furnished by the CITY. The ENGINEER shall attempt to use the standards when possible; however the ENGINEER shall modify the standards if necessary for this project. 7. Miscellaneous Details Curb, Sidewalk, Driveways, etc. CITY standard reproducible sheets or CADD files can be furnished to the ENGINEER. Non-standard details shall be produced by the ENGINEER. 8. All Sheets Information shown on the drawings shall be prepared for reading all drawings from the standard viewpoint. All plan sheets are to be uniform in type, quality, and size. The sheets are to be 11" X 17" inches. 60% Complete Submittal: Provide the CITY with two paper copies of the following items. One copy reflecting the CITY's comments will be returned to the ENGINEER. Page 8 of 11 1. Title Sheet 2. Sheet Index (Including List of Standards) 3. Project Layout 4. Preliminary Horizontal and Vertical Geometry roll plot. 5. Preliminary Drainage Report. 6. Preliminary ROW and Easement requirements if additional acquisitions are required. Preliminary Pavement Design recommendations 7. Existing and Proposed Typical Sections 8. Summary Sheets 9. Traffic Control Plan 10. Alignment Data Sheets 11. Plan and Profile Sheets 12. Intersection Layouts 13. Miscellaneous Roadway Details 14. Drainage Area Map 15. Hydrology and Hydraulic Computations 16. Culvert Layouts 17. Storm Sewer Layouts 18. Utility Exhibits 19. Signing and Pavement Marking Layouts 20. Storm water Pollution Prevention Plan (SW3P) & Erosion Control Layouts 21. Design Cross -Sections at 50 foot -intervals (roll plot) 22. Engineer's Opinion of Probable Construction Cost 100% Complete Submittal: Provide the CITY with two paper copies of the following items. One copy reflecting the CITY's comments will be returned to the Engineer. 1. Title Sheet 2. Sheet Index (Including Standards) 3. Project Layout 4. Existing and Proposed Typical Sections 5. Summary Sheets 6. Traffic Control Plan 7. Alignment Data Sheets 8. Plan and Profile Sheets 9. Intersection Layouts 10. Miscellaneous Roadway Details 11. Drainage Area Map 12. Hydrology and Hydraulic Computations 13. Culvert Layouts 14. Storm Sewer Layouts 15. Utility Exhibits 16. Signing and Pavement Marking Layouts 17. Storm water Pollution Prevention Plan (SW3P) & Erosion Control Layouts Page 9of11 18. Design Cross -Sections at 50 foot -intervals (11" x 17" Sheets) 19. Modified Standards and Construction Details 20. Engineer's Opinion of Probable Construction Cost 21. Proposed special provisions or special specifications requiring approval. 22. Draft Project Manual Comment log with closeout of CITY's comments from 60% submittal. Final Contract Document Submittal: Provide the CITY with paper copies of the following items. One copy reflecting the CITY's comments will be returned to the Engineer. 1. Final Complete set of the construction plan set on 11" x 17" Mylar signed and sealed by a Professional Engineer. 2. Final Complete Project Manual using City of Round Rock Standard Contract Documents and Technical Specifications. Note: City of Austin Standard Technical Specifications as adopted by the City of Round Rock shall be referenced in the Project Manual. The Project Manual shall include Supplemental General Conditions, Special Specifications, and Special Provisions as necessary for the project. 3. Tabulation of Bid Items and estimated quantities to be included in the Project Manual. 4. Engineer's Opinion of Probable Construction Cost. 5. The ENGINEER will prepare a detailed contract time estimate work sheet to determine the approximate time (working days), based on the CITY OF ROUND ROCK standard definition of a working day. 6. Comment log with closeout of CITY's comments from 100% submittal. SUPPORTING DOCUMENTS Opinion of Probable Construction Cost Construction Schedule Unit Price Documentation Standard Specifications List Special Specifications Special Provisions Deliverables Required of the ENGINEER The ENGINEER will be required to provide the following deliverable items: 1. Reproducible white bond paper final set of plan sheets (size 11" X 17") as required by the CITY. 2. One hard copy and one electronic copy of the Engineer's Estimate of probable construction cost, general notes, and specifications (Project Manual). All electronic copies of deliverables shall be in MS Word or Excel format as appropriate. The Project Manual shall be prepared in accordance with standard Page 10 of 11 City of Round Rock format based on previous project examples to be provided by the CITY. 3. Existing and design cross section output in ASCII format, and plotted on 11" x 17" plan sheets, or roll plot as requested by the CITY. 4. Provide a Final Hydraulic Report for the project including a drainage area map, hydrologic and hydraulic calculations, and layouts for all culverts, open channels, and storm sewer systems. After CITY review of the 100% submittal is complete and the ENGINEER is notified of findings, the Engineer will be required to update and/or clarify matters noted during the review process and submit the revised PS&E package to the CITY. Document Media Size No. Of Copies Review Submittal Final Submittal January 30, 2009 60% Submittal of PS&E April 10, 2009 100% Submittal of PS&E PS&E 11" x 17" 2 2 Engineering services shall also include the tasks more specifically described in the TASK OUTLINE. Deliverable (Note 1) Dates NTP Design Phase (Anticipated) January 9, 2009 Design Survey January 30, 2009 60% Submittal of PS&E April 10, 2009 100% Submittal of PS&E May 29, 2009 Final Contract Documents Submittal June 12, 2009 Note 1: Schedule includes 15 calendar days for review of submittals. Page 11 of 11 EXHIBIT C Work Schedule ISeptember 2009 throuah July 2008 c o) c Q July m c c o 2 re a Q s 2 46 2 1 February I a� 1 Januar 1.c c O . i- 01a�00 CO 2 C5 m _ H N rn a 53:42i iuu 7 runs Final Contract Documents St i opc n m H L d p ° Exhibit D Project Name: Meister Lane PS&E Consultant: HDR Engineering, Inc. Cost Component, Hours Total Hours Project Principal 10 Project Manager 64 Sr. Project Engineer 183 EIT 434 Sr. Design Technician 170 CADD Technician 372 Clerical/Steno 18 Total Hours 1251 Cost Component, Dollars Labor Burdened Rate Rate Project Principal $80 $246 $2,464 Project Manager $67 $206 $13,207 Sr. Project Engineer $43 $132 $24,237 EIT $35 $108 $18,326 Sr. Design Technician $35 $108 $40,102 CADD Technician $20 $62 $1,109 Clerical/Steno $22 $68 $84,768 $184,212 Technology $3.70/hr $3.70 $4,629 Phone, Fax, Postage,Advertisements $500 Travel Expenses $600 Printing Subtotal TOTAL EXPENSES W/ 10% markup $5,729 $6,302 Project Lump Sum Fee Summary Direct Labor $59,809 Indirect Costs (1.75%) $104,666 Direct Costs $6,302 Profit @12% $19,737 Design Survey (Subconsultant) $23,769 R.O.W. Acquisition Document Prep. & Survey $0 GEOTECH (Subconsultant) $5,800 TOTAL LUMP SUM FEE $220,083 EXHIBIT E Certificates of Insurance Attached Behind This Page CERTIFICATE OF LIABILITY INSURANCE PRODUCER Lockton Qomoanies. LLC 444 W. 4T St. Sub 900 Kansas Cir, MO 64112 phone:816-960-9000 E-mail• INSURED: HDR Enaineerina. Inc. 8404 Indian Hills Dr Omaha. NE 68114-4049 Phone:402-399-1145 E-mail: Date: 12/9/08 TDI number required. Please refer to the Texas Dept of Insurance website: htt»J!www.tdi,state.bc.us/ THIS IS 70 CERTIFY THAT the Insured named above Is insured by the Companies listed above with respect to the business operations hereinafter described, for the types of Insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. CO TYPE OF POUCY EFFECTIVE EXPIRATION LTR INSURANCE NUMBER DATE DATE LIMITS A GENERAL UABILJTY 0L03504583 8/1108 6/1/09 GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP/OP AGG. $ 2,000,000 PERSONAL & ADV. INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) $1,000.000 MED. EXPENSE (Any one person) $ 10,000 B AUTOMOBILE UABIUTY BAP3504584 611108 6/1/09 COMBINED SINGLE LIMIT $ 2.000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ B EXCESS UABIUTY (excludes Professional Uab) 6/1108 6/1109 EACH OCCURRENCE $1,000,000 AUC3808400 AGGREGATE $1,000,000 C WORKERS' COMPENSATION 3821195 6/1/08 711/09 STATUTORY LIMITS $ Statutory AND EMPLOYERS' UABIUTY EACH ACCIDENT $1,000,000 DISEASE - POUCY LIMIT $ 1,000,000 DISEASE - EACH EMPLOYEE $1,000,000 A PROFESSIONAL LIABILITY E0C9260026-01 6/1/08 6/1/09 Per Clelm: $1,000,000 Aggregate: 31,000.000 BUILDERS' RISK INSURANCE OR INSTALLATION INSURANCE DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS/EXCEPTIONS: RE Develop Plans for the reconstruction of Meister Lane from Gattls School Rd to SH 45. The City of Round Rock Is named as additional Insured with respect to all policies except 'Workers' Compensation and Employers' Liability' and 'Professional Liability'. Should any of the above described policies be cancelled or changed before the expiration date thereof, the issuing company will mall thirty (30) days written notice to the certificate holder named below. CERTIFICATE HOLDER City Manager City of Round Rock 221 E. Main Street Round Rock, Texas 78684 00650 —1-2008 Certificate of Liability Insurance SIG W:1' OF AGENT I.bQENSEIN T;TATE OF TEXAS Typed Name: Ron Lockton Title: President Page 2 COMPANIES AFFORDING COVERAGE TDI A Zurich American insurance Co 95322 American erican Guarantee & Liab. 2850 C New Hampshire Insurance Co 60150 D THIS IS 70 CERTIFY THAT the Insured named above Is insured by the Companies listed above with respect to the business operations hereinafter described, for the types of Insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. CO TYPE OF POUCY EFFECTIVE EXPIRATION LTR INSURANCE NUMBER DATE DATE LIMITS A GENERAL UABILJTY 0L03504583 8/1108 6/1/09 GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP/OP AGG. $ 2,000,000 PERSONAL & ADV. INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) $1,000.000 MED. EXPENSE (Any one person) $ 10,000 B AUTOMOBILE UABIUTY BAP3504584 611108 6/1/09 COMBINED SINGLE LIMIT $ 2.000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ B EXCESS UABIUTY (excludes Professional Uab) 6/1108 6/1109 EACH OCCURRENCE $1,000,000 AUC3808400 AGGREGATE $1,000,000 C WORKERS' COMPENSATION 3821195 6/1/08 711/09 STATUTORY LIMITS $ Statutory AND EMPLOYERS' UABIUTY EACH ACCIDENT $1,000,000 DISEASE - POUCY LIMIT $ 1,000,000 DISEASE - EACH EMPLOYEE $1,000,000 A PROFESSIONAL LIABILITY E0C9260026-01 6/1/08 6/1/09 Per Clelm: $1,000,000 Aggregate: 31,000.000 BUILDERS' RISK INSURANCE OR INSTALLATION INSURANCE DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS/EXCEPTIONS: RE Develop Plans for the reconstruction of Meister Lane from Gattls School Rd to SH 45. The City of Round Rock Is named as additional Insured with respect to all policies except 'Workers' Compensation and Employers' Liability' and 'Professional Liability'. Should any of the above described policies be cancelled or changed before the expiration date thereof, the issuing company will mall thirty (30) days written notice to the certificate holder named below. CERTIFICATE HOLDER City Manager City of Round Rock 221 E. Main Street Round Rock, Texas 78684 00650 —1-2008 Certificate of Liability Insurance SIG W:1' OF AGENT I.bQENSEIN T;TATE OF TEXAS Typed Name: Ron Lockton Title: President Page 2 DATE: January 15, 2009 SUBJECT: City Council Meeting—January 22, 2009 ITEM: 9F3. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with HDR Engineering, Inc. for the Meister Lane project. Department: Staff Person: Justification: Transportation Services Tom Martin, P.E., Director of Transportation Services This contract will provide engineering services for roadway, drainage and traffic design to include plans, specifications and estimates (PS&E) for the reconstruction of Meister Lane from the westbound frontage road of SH45 to Gattis School Road. Funding: Cost: $220,083.00 Source of funds: 4B Outside Resources: N/A Background Information: No ROW acquisition is anticipated for this project. The construction portion will include transitions as required to connect the proposed pavement sections to existing intersection at each end of the project. This roadway design will be a Collector Street with provisions for a sidewalk on the west side of the street. Public Comment: N/A EXECUTED DOCUMENT FOLLOWS 1111...."—ROUND ROCK, TEXAS PURPOSE MOM PROSPERM CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: HDR ENGINEERING, INC. ("Engineer") ADDRESS: 4401 West Gate Blvd., Suite 400, Austin, TX 78745 PROJECT: Meister Lane Proiect THE STATE OF TEXAS COUNTY OF WILLIAMSON THICONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the '22)2 -"day of , 2009 by and between the CITY OF ROUND ROCK, a Texas home - rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299, (hereinafter referred to as "City"), and Engineer, and such Contract is for the purpose of contracting for professional engineering services. RECITALS: WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Procurement Act" provides for the procurement by municipalities of services of professional engineers; and WHEREAS, City and Engineer desire to contract for such professional engineering services; and WHEREAS, City and Engineer wish to document their agreement concerning the requirements and respective obligations of the parties; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: Engineering Services Contract Rev. 10/08 0199.7090; 150678 00064494 STO2MEIS x_09-01-22.-513 1 CONTRACT DOCUMENTS The Contract Documents consist of this Contract and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Contract as if attached to this Contract or repeated herein. ARTICLE 1 CITY SERVICES City shall perform or provide services as identified in Exhibit A entitled "City Services." ARTICLE 2 ENGINEERING SERVICES Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering Services." Engineer shall perform the Engineering Services in accordance with the Work Schedule as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineering Services under this Contract may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by City and Engineer of all Engineering Services. Should the review times or Engineering Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may submit a timely written request for additional time, which shall be subject to the approval of the City Manager. ARTICLE 3 CONTRACT TERM (1) Term. The Engineer is expected to complete the Engineering Services described herein in accordance with the above described Work Schedule. If Engineer does not perform the Engineering Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue from day to day until such time as the Engineering Services are completed. Any Engineering Services performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of Engineering Services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all Engineering Services required under this Contract in a professional manner. 2 (3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with Engineering Services until authorized in writing by City to proceed as provided in Article 7. ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as full compensation for the Engineering Services performed and to be performed under this Contract. The amount payable under this Contract, without modification of the Contract as provided herein, is the sum of Two Hundred Twenty Thousand Eighty -Three and No/100 Dollars ($220,083.00) as shown in Exhibit D. The lump sum amount payable shall be revised equitably only by written Supplemental Contract in the event of a change in Engineering Services as authorized by City. Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the Engineering Services and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory progress of Engineering Services shall be an absolute condition of payment. The fee herein referenced may be adjusted for additional Engineering Services requested and performed only if approved by written Supplemental Contract. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall prepare and submit to City, not more frequently than once per month, a progress report as referenced in Article 4 above. Such progress report shall state the percentage of completion of Engineering Services accomplished during that billing period and to date. Simultaneous with submission of such progress report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a form acceptable to City. This submittal shall also include a progress assessment report in a form acceptable to City. Progress payments shall be made in proportion to the percentage of completion of Engineering Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering Services actually provided and performed. Upon timely receipt and approval of each statement, City shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its determination, that tasks were completed. The certified statements shall show the total amount earned to the date of submission and shall show the amount due and payable as of the date of the current statement. Final payment does not relieve Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its negligence. 3 ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer will be made within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for services, whichever is later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply in the event: A. There is a bona fide dispute between City and Engineer concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the Engineering Services performed which causes the payment to be late; or D. The invoice is not mailed to City in strict accordance with instructions, if any, on the purchase order, or this Contract or other such contractual agreement. City shall document to Engineer the issues related to disputed invoices within ten (10) calendar days of receipt of such invoice. Any non -disputed invoices shall be considered correct and payable per the terms of Chapter 2251, V.T.C.A., Texas Government Code. ARTICLE 7 NOTICE TO PROCEED The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a written Notice to Proceed regarding such task. The City shall not be responsible for work performed or costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued. ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Contract is as follows: Bill Stablein Project Manager II Transportation Services Department 212 Commerce Boulevard Round Rock, Texas 78664 Telephone Number (512) 218-5562 Fax Number (512) 218-3242 Email Address bstablein@round-rock.tx.us 4 City's Designated Representative shall be authorized to act on City's behalf with respect to this Contract. City or City's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential progress of Engineering Services. Engineer's Designated Representative for purposes of this Contract is as follows: George Tillett, P.E. Project Manager 4401 West Gate Blvd., Suite 400 Austin, TX 78745 Telephone Number (512) 912-5186 Fax Number (512) 912-5158 Email Address gtillett@hdrinc.com ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the Engineering Services, confer with City at City's election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by City, in order for City to evaluate features of the Engineering Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the offices of City, or at other locations designated by City. When requested by City, such conferences shall also include evaluation of the Engineering Services. Should City determine that the progress in Engineering Services does not satisfy the Work Schedule, then City shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise City in writing of events which have or may have a significant impact upon the progress of the Engineering Services, including but not limited to the following: (1) Problems, delays, adverse conditions which may materially affect the ability to meet the objectives of the Work Schedule, or preclude the attainment of project Engineering Services units by established time periods; and such disclosure shall be accompanied by statement of actions taken or contemplated, and City assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the Work Schedule goals sooner than anticipated. 5 ARTICLE 10 SUSPENSION Should City desire to suspend the Engineering Services, but not to terminate this Contract, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by agreement and signature of both parties. The Engineering Services may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of both parties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option of terminating this Contract. If City suspends the Engineering Services, the contract period as determined in Article 3, and the Work Schedule, shall be extended for a time period equal to the suspension period. City assumes no liability for Engineering Services performed or costs incurred prior to the date authorized by City for Engineer to begin Engineering Services, and/or during periods when Engineering Services is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL ENGINEERING SERVICES If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify City in writing. In the event City finds that such work does constitute extra work and exceeds the maximum amount payable, City shall so advise Engineer and a written Supplemental Contract will be executed between the parties as provided in Article 13. Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Contract. City shall not be responsible for actions by Engineer nor for any costs incurred by Engineer relating to additional work not directly associated with the performance of the Engineering Services authorized in this Contract or any amendments thereto. ARTICLE 12 CHANGES IN ENGINEERING SERVICES If City deems it necessary to request changes to previously satisfactorily completed Engineering Services or parts thereof which involve changes to the original Engineering Services or character of Engineering Services under this Contract, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional Engineering Services and paid for as specified under Article 11. Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to correct errors appearing therein, when required to do so by City. No additional compensation shall be due for such Engineering Services. 6 ARTICLE 13 SUPPLEMENTAL CONTRACTS The terms of this Contract may be modified by written Supplemental Contract if City determines that there has been a significant change in (1) the scope, complexity or character of the Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4. It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until the City authorizes full execution of the written Supplemental Contract and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. ARTICLE 14 OWNERSHIP OF DOCUMENTS All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this Contract are the exclusive property of City and shall be furnished to City upon request. All documents prepared by Engineer and all documents furnished to Engineer by City shall be delivered to City upon completion or termination of this Contract. Engineer, at its own expense, may retain copies of such documents or any other data which it has furnished City under this Contract. ARTICLE 15 PERSONNEL, EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering Services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the project when so instructed by City. Engineer certifies that it presently has adequate qualified personnel m its employment for performance of the Engineering Services required under this Contract, or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under this Contract without prior written approval from City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by City prior to Engineering Services being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. 7 ARTICLE 17 EVALUATION OF ENGINEERING SERVICES City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the Engineering Services performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This Contract may be terminated as set forth below. (1) By mutual agreement and consent, in writing, of both parties. (2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to perform the Engineering Services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. (4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon not less than thirty (30) days' written notice to Engineer. (5) By satisfactory completion of all Engineering Services and obligations described herein. Should City terminate this Contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to Engineer. In determining the value of the Engineering Services performed by Engineer prior to termination, City shall be the sole judge. Compensation for Engineering Services at termination will be based on a percentage of the Engineering 8 Services completed at that time. Should City terminate this Contract under Subsection (4) immediately above, then the amount charged during the thirty -day notice period shall not exceed the amount charged during the preceding thirty (30) days. If Engineer defaults in the performance of this Contract or if City terminates this Contract for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer in performing the Engineering Services to the date of default, the amount of Engineering Services required which was satisfactorily completed to date of default, the value of the Engineering Services which are usable to City, the cost to City of employing another firm to complete the Engineering Services required and the time required to do so, and other factors which affect the value to City of the Engineering Services performed at the time of default. The termination of this Contract and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations, then City may take over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be liable to City for any additional and reasonable costs incurred by City. Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of any procurements made by Engineer in support of the Engineering Services under this Contract. ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. Engineer shall comply with all applicable federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Contract, including without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall furnish City with satisfactory proof of his/her/its compliance. Engineer shall further obtain all permits and licenses required in the performance of the Engineering Services contracted for herein. (2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the Engineering Services performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act. ARTICLE 22 INDEMNIFICATION Engineer shall save and hold harmless City and its officers and employees from all claims and liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this Contract, which are caused by or which result from the negligent error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. 9 Engineer shall also save and hold City harmless from any and all expenses, including but not limited to reasonable attorneys fees which may be incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City as a result of such negligent activities by Engineer, its agents, or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall promptly make necessary revisions or corrections to its work product resulting from errors, omissions, or negligent acts, and same shall be done without compensation. City shall determine Engineer's responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be relieved of responsibility for subsequent correction of any such errors or omissions in its work product, or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to City in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers. ARTICLE 25 NON -COLLUSION. FINANCIAL INTEREST PROHIBITED (1) Non -collusion. Engineer warrants that he/she/it has not employed or retained any company or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City reserves and shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (2) Financial Interest Prohibited. Engineer covenants and represents that Engineer, his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. ARTICLE 26 INSURANCE (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire term while this Contract is in effect professional liability insurance coverage in the minimum amount of One Million Dollars per claim from a company authorized to do insurance business in Texas and 10 otherwise acceptable to City. Engineer shall also notify City, within twenty-four (24) hours of receipt, of any notices of expiration, cancellation, non -renewal, or material change in coverage it receives from its insurer. (2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum insurance required in Article 26, Section (1) above, including the required provisions and additional policy conditions as shown below in Article 26, Section (3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this Contract, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: (a) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non- renewal or reduction in limits by endorsement a notice thereof shall be given to City by certified mail to: City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 (b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any such future coverage, or to City's Self -Insured Retentions of whatever nature. (4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein entitled "Certificates of Insurance." ARTICLE 27 COPYRIGHTS City shall have the royalty -free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, any reports developed by Engineer for governmental purposes. 11 ARTICLE 28 SUCCESSORS AND ASSIGNS This Contract shall be binding upon and inure to the benefit of the parties hereto, their successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any interest in this Contract, in whole or in part, by operation of law or otherwise, without obtaining the prior written consent of City. ARTICLE 29 SEVERABILITY In the event any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto in writing. ARTICLE 31 ENGINEER'S ACCOUNTING RECORDS Records pertaining to the project, and records of accounts between City and Engineer, shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives at mutually convenient times. The City reserves the right to review all records it deems relevant which are related to this Contract. ARTICLE 32 NOTICES All notices to either party by the other required under this Contract shall be personally delivered or mailed to such party at the following respective addresses: City: City of Round Rock Attention: City Manager 221 East Main Street Round Rock, TX 78664 12 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: George Tillett, P.E. Project Manager HDR Engineering, Inc. 4401 West Gate Blvd., Suite 400 Austin, TX 78745 ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the Engineering Services for each phase of this Contract within the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. (2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. (4) Standard of Performance. The standard of care for all professional engineering, consulting and related services performed or furnished by Engineer and its employees under this Contract will be the care and skill ordinarily used by members of Engineer's profession practicing under the same or similar circumstances at the same time and in the same locality. Excepting Articles 25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise, in connection with the Engineering Services. 13 (5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer's experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Engineer prepares. (6) Opinions and Determinations. Where the terms of this Contract provide for action to be based upon opinion, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable. ARTICLE 34 SIGNATORY WARRANTY The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he/she has executed this Contract and that he/she has full and complete authority to enter into this Contract on behalf of the firm. The above -stated representations and warranties are made for the purpose of inducing City to enter into this Contract. IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its corporate name by its duly authorized City Manager or Mayor, as has Engineer, signing by and through its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. CITY OF ROUND ROCK, TEXAS By: Alan McGraw, Mayor ATTEST: By:140,- Sara L. White, City Secretary HDR ENGINEERING B Signature o ' . rincipal Printed Name: NEIL A. & PE 14 L. Sheets, City Attorney LIST OF EXHIBITS ATTACHED (1) Exhibit A City Services (2) Exhibit B Engineering Services (3) Exhibit C Work Schedule (4) Exhibit D Fee Schedule (5) Exhibit E Certificates of Insurance Exhibit A City Services The City will provide for the Engineer under this agreement the following items/information: 1. Review, comment and approve roadway design criteria. 2. Review, comment and approve roadway lane and stripping plan for the intersections and roadway. 3. Review, comment and approve interim and final design plan submittals. 4. Provide latest contract document information. 5. Schedule, coordinate and conduct meeting of affected property owners. 6. Provide a digital aerial photo of the project area. 7. Provide a digital terrain model (DTM) for the project area. 8. Provide a list of utility providers with contact names and phone numbers for the project area. 9. Conduct utility meetings and coordination. 10. Provide existing plans if available. 11. Provide plans for adjacent developments. 12. Provide existing signal plans. 13. Provide any plat or development information available. Exhibit B The work to be performed by HDR, Inc. (ENGINEER) under this contract shall consist of providing engineering services for roadway, drainage, and traffic design and preparation of 1 (one) set of Plans, Specifications, and Estimates (PS&E) for the reconstruction of Meister Lane from the SH45 Westbound Frontage Road to Gattis School Road in the City of Round Rock. The PS&E package will be based on the approved preliminary design to be submitted to the City upon completion and prior to the 60% level of design plan submittal. Limits of the construction will include appropriate transitions and geometry (vertical and horizontal) where required to connect the proposed pavement sections to the existing intersection at each end of the project. The roadway will be designed as a Collector Street with provisions for a sidewalk on the west side of the street. If ROW allows, a sidewalk on the east side may be added. The project shall be designed in accordance with City of Round Rock Design and Construction Standards and applicable design standards and specifications for this type of facility. All coordinate geometry will be based on and tied into the CITY's coordinate system and be compatible with the current Geographical Information Systems (GIS) in use by the CITY. Additional ties to survey control established for the RRISD High School or SH45 project shall be completed as necessary to coordinate the two projects. The ENGINEER shall collect, review, and evaluate the available existing data pertaining to the above project and prepare the PS&E in accordance with the requirements and policies of the CITY. Contract Constraints and Conditions The project will be developed in English units. The PS&E package shall be prepared in accordance with the requirements of the applicable CITY Specifications, Standards, and Manuals (current versions in effect on the NTP date). Whenever possible, the CITY's standard drawings, standard specifications, or previously approved special provisions and/or special specifications will be used. If a special provision and/or special specification must be developed for this project, it shall be in a format acceptable to the CITY and, to the extent possible, incorporate references to approved test procedures. All design exceptions to CITY design criteria shall be requested in writing, by the ENGINEER for approval by the CITY prior to incorporating the criteria into the project design. The Engineer shall develop the project as appropriate to avoid conflicts or minimize major relocation of utilities. No ROW acquisition is anticipated for this project. The ENGINEER shall determine the 60% design level if additional ROW or easements are necessary to construct the Page 1 of 11 project. If the CITY agrees that additional ROW or easements are required, the ROW coordination, surveying or property acquisition services will require a supplemental scope and fee. Such additional work shall only be initiated after written direction from the CITY. The ENGINEER shall coordinate, as required, with the Texas Department of Transportation (TxDOT) in regards to the intersection with SH45 and will submit the applicable permit, if required. It is anticipated that the permitting process will be standard and straightforward. Additional requirements imposed by the TxDOT and discovered through the coordination process and necessary to obtain the TxDOT's approval will require a supplemental scope and fee. Such additional work shall only be initiated after written direction from the CITY. Any Environmental permitting will require an additional scope and budget under a supplemental agreement. The CITY will be the principal point of contact for public or private inquiries regarding the project. PS&E DEVELOPMENT TASK OUTLINE TASK 1: PROJECT MANAGEMENT A. Perform necessary coordination with the TxDOT regarding the proposed construction within the SH 45 ROW including required permits and the Environmental Document (Categorical Exclusion). B. Preparation of project correspondence including reports, record keeping, letters as necessary. C. Coordination with sub -consultants. D. Preparation of monthly invoices. E. Attend periodic progress meetings as required during project development. F. Attend one meeting with affected stakeholders including adjacent property owners if required. G. Establish project design criteria in consultation with the CITY. TASK 2: FIELD SURVEY AND MAPPING A. Obtain right of entry (short of litigation) to adjacent properties, as required. B. Furnish temporary signs, traffic control, flags, and safety equipment as needed during field survey operations. C. Locate existing right of way lines and adjoining parcel line locations. D. Survey will be based on State Plane Coordinate System using NAD 83/88. All coordinate geometry and vertical elevations will be based on and tied into the TxDOT and the City of Round Rock coordinate system as agreed to by the ENGINEER and the CITY. Provide location of Primary Control including Page 2of11 permanent project benchmarks and traverse points (description, coordinates and elevations). E. Topographic mapping and profile the entire survey area including the intersections at Gattis School Road and SH 45 frontage road. Provide topographic map plot at a scale of 1"=100', depicting surface features, legible text (Ieadered in if necessary) and 1 -foot contour lines indexed at even 5 -foot intervals. Show existing ROW on Meister Lane, Gattis School Road, and SH45. Forward hard copy plots and digital files (digital files shall be in Micro Station V8 — 3D format on CD-ROM). Provide a separate Micro Station file that contains 3D break lines, existing ground triangulation network and contours with elevations. Provide digital ASCII file (on CD-ROM) and hard paper copy of all survey points including point numbers, N&E coordinates, elevation, and description format. F. Locate all mailboxes (single, double, etc.), signs including size, types, location and verbiage. Measure all guardrail and permanent erosion control measures. Collect the required miscellaneous information including; measurements of riprap, retaining walls, drainage culverts and structures and note types, sizes, and shapes, measure pier size and skew angle. G. Obtain cross-section elevations across the ROW and a minimum of 25 feet beyond the ROW line within the project limits. H. Establish & Stake Baseline Control & furnish listing of horizontal alignment & coordinates for baseline control. I. Establish benchmarks at 1,000 foot maximum intervals for vertical control in locations that will not be disturbed by construction and tie to established benchmarks. J. Preparation of a 3D digital terrain model (DTM) for the project limits. K. Plot geotechnical bore hole locations based on locations provided by the geotechnical sub consultant. L. Establish x, y, and z coordinates of power poles, manholes and valves of various utilities, and flow lines of existing sanitary sewer and storm sewer lines. M. Locate marked existing underground utilities horizontally within the limits of the survey. Vertically locate utility lines that are readily accessible at manholes, valve covers, etc. Survey requiring excavation to expose utility lines is not part of this scope of services and would require a supplemental agreement. N. Place the location of existing utilities on the survey. Provide a list of utilities as marked by utility owners. Coordinate with identified utilities within the project limits. O. Obtain stationing on all side road and/or driveway pipes and offset distances from centerline of highway. Also, the type of surface, width of roadway or driveway, and skew to centerline shall be noted. Measure size, length and type of pipe. Obtain flow line elevations of existing culverts and ditches and center of driveway or roadway elevations. P. Field surveys shall be required for the establishment of a horizontal base line and benchmark circuit for the project, horizontal and vertical ties of critical existing facilities and features, including all features influencing existing streets and driveways, and of the existing right-of-way lines. The ENGINEER's Surveyor will Page 3of11 stake in the field P.I.'s, P.O.T.'s, P.C.'s and P.T.'s for the approved centerline alignment. Note: No aerial mapping services are included under this scope of services. TASK 3: GEOTECHNICAL INVESTIGATION AND DESIGN A. Prepare and submit for approval a geotechnical boring plan for approval prior to drilling. Drill 3 borings to a depth of 10 feet or refusal into rock for use in pavement design. B. Using the "One -Call" utility locate system to have utilities located prior to drilling. C. Provide necessary minor traffic control measures to protect the traveling public during the drilling operations. Samples will be taken using conventional auger and Shelb-tube sampling techniques. D. Field locate the bore locations and record the location and elevation of each with a hand held GPS system or tape measure and right angle measurements. Furnish the location data to the Project surveyor for placing in the survey electronic file. E. Prepare bore Togs for each boring location. F. Complete a testing program of samples collected in the field to include moisture content tests, Atterberg Limits (plasticity tests), grain size analyses, and California Bearing Ratio testing. G. Develop Pavement Design using "The Flexible Pavement Design Manual for "Flexible Pavement"" and the current AASHTO Guide for the Design of Pavement Structures, will be the governing references for this design. Development of the pavement design alternatives shall be in consultation with the CITY. Flexible pavement designs will be analyzed utilizing the FPS program, while rigid pavement designs will be analyzed utilizing the Darwin 3.01 program. All pavement design will use traffic data furnished by the CITY. H. Prepare a Geotechnical Engineering Report for the project to include the results of the geotechnical investigation and recommendations for pavement structure design and construction methods. The proposed pavement designs shall be based on the results of the geotechnical investigation, laboratory testing, and the City of Round Rock Design and Construction Standards. TASK 4: ROADWAY DESIGN, DRAINAGE, INTERSECTION & DRIVEWAY DETAILS A. Geometric Design 1. Produce roadway plan & profile sheets and supporting details. 2. All geometric design shall be according to the City of Round Rock "Design and Construction Standards" and other relevant published manuals or criteria for the appropriate functional classification. 3. Design vertical profile to accommodate drainage, design speeds, intersections, driveways or any other clearance considerations. 4. Coordinate with adjacent development including the RRISD High School currently under construction regarding driveway and access issues. Page 4 of 11 B. Hydrologic Studies, Discharges 1. Produce drainage area plan sheets showing drainage area and structure locations. 2. Determine peak discharge at structures. 3. Produce plan sheets including all hydrologic computations. 4. Obtain and review data regarding existing drainage patterns and structures based on readily available information and field visits. C. Hydraulic Studies, Structure Sizing 1. Perform and document hydraulic computations for the sizing of: a. Storm Sewer design as necessary. b. Drainage Culverts as necessary. c. Channels and Outfalls within the Right of Way or Easements. 2. Produce plan sheets including all hydraulic computations. D. Produce drainage details as necessary. Produce summary of drainage structure quantities. F.R.O.W. Acquisition 1. Identify additional R.O.W. or drainage easement needs in consultation with the CITY. TASK 5: ROADWAY CROSS-SECTION DESIGN A. Grading Design 1. The Engineer will establish a digital terrain and roadway geometry model using GEOPAK. B. Determine earthwork and paving quantity calculations with the GEOPAK roadway geometry model. TASK 6: TRAFFIC CONTROL PLAN A. Prepare a conceptual traffic control plan for the CITY's approval prior to proceeding with detailed design of the Traffic Control Plan B. Prepare the Sequence of Construction narrative. C. Prepare detailed Traffic Control Plan in accordance with the Texas Manual of Uniform Traffic Control Devices (TMUTCD) and applicable standards. TASK 7: TRAFFIC ENGINEERING A. Collect AM and PM peak hour turning movement volumes at the intersection of Meister Lane and Gattis School Road. B. Forecast design year turning movement volumes at the intersection of Meister Lane and Gattis School Road. C. Based on the forecasted volumes, evaluate up to three options (using Synchro software package) to identify the desired lane configuration for the northbound approach of Meister Lane at Gattis School Road. Page 5 of 11 TASK 8: SIGNING AND PAVEMENT MARKINGS A. Prepare signing and pavement marking Sheets. TASK 9: STORMWATER POLLUTION PREVENTION PLAN (SW3P) AND EROSION CONTROL PLAN B. Prepare SW3P Narrative Sheet. C. Prepare SW3P and Erosion Control to include temporary and permanent erosion control measures. TASK 10: UTILITY COORDINATION A. Coordinate with city utility coordinator and furnish a notice of construction to the CITY for coordination with utility companies with a project layout in order for the utility companies to identify and annotate their utilities on this layout. B. Attend City utility coordination meetings to discuss the proposed project and identify and resolve utility conflicts with utility owners. C. Prepare utility exhibits based on field survey of above -ground features and readily available utility data furnished by the CITY or private utility owners. D. The Engineer shall submit plan sheets with a list of utilities to be adjusted to the CITY. E. Coordinate and attend City utility meetings to coordinate with the utility companies. TASK 11: SIGNAL DESIGN AT GATTIS SCHOOL RD A. Conduct a field review of the intersection to note and verify existing traffic signal equipment, existing intersection geometrics, physical constraints, power connection, utility placement, and any other details necessary for signal plan preparation. B. Meet with the CITY to discuss schedule and scope of work to undertake traffic signal design at the intersection of Meister Lane/Round Rock Ranch Boulevard and Gattis School Road. One meeting has been assumed. C. Obtain existing signal plans, if available, for the intersection of Meister Lane/Round Rock Ranch Boulevard and Gattis School Road. This information will be provided by the CITY. D. Coordinate with Texas One Call System and CITY to locate all utilities in the field E. Attend meeting in the field with CITY to locate and confirm locations of proposed controller and signal poles. F. Prepare draft sets of plans and quantity estimates for the intersection of Meister Lane/Round Rock Ranch Boulevard and Gattis School Road. Draft plans will include complete traffic signal plan sets for the intersection, including pavement markings, signage, and communication equipment details necessary to facilitate traffic signal operations. Page 6 of 11 G. Prepare final set of plans, which incorporate all previous comments and submit to OWNER. H. Attend pre -construction meeting with OWNER and Contractor. I. Assist project team in preparation of bid documents for traffic signal modification at the intersection of Meister Lane/Round Rock Ranch Boulevard and Gattis School Road. TASK 12: BID DOCUMENT PREPERATION A. Assemble the Project Manual including standard City of Round Rock bid documents and specifications. B. Prepare Advertisement for Notice to bidder. C. Advertise bid notice in the appropriate public notice locations. TASK 13: QUALITY CONTROL PLAN REVIEW A. Provide QA/QC and constructability review of all deliverables prior to submittal to the CITY. QA/QC reviews shall be documented for the 60%, and 100% design levels. TASK 14: BID PHASE SUPPORT A. .Respond to bidders questions during the bid phase. B. .Prepare the bid tabulation and recommendation for award. C. Prepare Contract documents once award is made. TASK 15: CONSTRUCTION PHASE SERVICES A. Attend Pre -construction meeting. B. Respond to RFI by contractor and update and issue appropriate sheets if required. C. Prepare change orders, update and issue appropriate sheets and quantity verifications. D. One Monthly Site visit (assume 8 visits). E. Prepare final as built drawings from red lines provided by the contractor and City. Construction Observation Services are not included in this Scope of Services. TASK 16: MISCELLANEOUS TASKS A. Title sheet, Index, Project Layout, Typical Sections. B. CORR and TxDOT Standards. C. Summary of Quantities Sheets and Estimate. D. Prepare Final Construction Cost Estimate. E. Prepare 60% & 100% Submittals. F. Prepare mylars. Page 7of11 PLAN PREPARATION PROCEDURES 1. Title Sheet The ENGINEER shall be responsible for producing the title sheet per the CITY's standard for this type of construction. 2. Summary Sheets Summary Sheets are required to indicate type, quantity and/or location of work for all applicable pay items. 3. Sequence of Construction/Traffic Control Plan Particular attention shall be given to location of construction signs and barricades, lane widths, protection of drop-offs, etc. As a reference, the Texas Manual of Uniform Traffic Control Devices (TMUTCD) shall be used. The usual scale is 1 inch = 100 feet with 1 inch = 50 feet for detailed locations. A narrative of each sequence shall be included on the plan sheets. Staging of major drainage structures and utilities shall be considered. Provisions for temporary drainage shall be considered and included during all stages of construction operations. 4. Plan Profile Sheets The usual scale is 1 inch = 100 feet. The plan view shall include but not be limited to: Roadway Alignment; Pavement Markings; Edge of Pavement and ROW Break Points. The profile view shall include but not be limited to: Design Profile Grade at the centerline (Gradient & Vertical Curve Data); Existing Profile Grade Line at the centerline and at each; ROW line; Existing and Proposed Elevations; and Location and description of cross road culverts. 5. Storm Sewer Computation Sheets These sheets shall contain a summary of hydrologic and hydraulic calculations. 6. Storm Sewer Details The plan set shall include standard drainage details furnished by the CITY. The ENGINEER shall attempt to use the standards when possible; however the ENGINEER shall modify the standards if necessary for this project. 7. Miscellaneous Details Curb, Sidewalk, Driveways, etc. CITY standard reproducible sheets or CADD files can be furnished to the ENGINEER. Non-standard details shall be produced by the ENGINEER. 8. All Sheets Information shown on the drawings shall be prepared for reading all drawings from the standard viewpoint. All plan sheets are to be uniform in type, quality, and size. The sheets are to be 11" X 17" inches. 60% Complete Submittal: Provide the CITY with two paper copies of the following items. One copy reflecting the CITY's comments will be returned to the ENGINEER. Page 8of11 1. Title Sheet 2. Sheet Index (Including List of Standards) 3. Project Layout 4. Preliminary Horizontal and Vertical Geometry roll plot. 5. Preliminary Drainage Report. 6. Preliminary ROW and Easement requirements if additional acquisitions are required. Preliminary Pavement Design recommendations 7. Existing and Proposed Typical Sections 8. Summary Sheets 9. Traffic Control Plan 10. Alignment Data Sheets 11. Plan and Profile Sheets 12. Intersection Layouts 13. Miscellaneous Roadway Details 14. Drainage Area Map 15. Hydrology and Hydraulic Computations 16. Culvert Layouts 17. Storm Sewer Layouts 18. Utility Exhibits 19. Signing and Pavement Marking Layouts 20. Storm water Pollution Prevention Plan (SW3P) & Erosion Control Layouts 21. Design Cross -Sections at 50 foot -intervals (roll plot) 22. Engineer's Opinion of Probable Construction Cost 100% Complete Submittal: Provide the CITY with two paper copies of the following items. One copy reflecting the CITY's comments will be returned to the Engineer. 1. Title Sheet 2. Sheet Index (Including Standards) 3. Project Layout 4. Existing and Proposed Typical Sections 5. Summary Sheets 6. Traffic Control Plan 7. Alignment Data Sheets 8. Plan and Profile Sheets 9. Intersection Layouts 10. Miscellaneous Roadway Details 11. Drainage Area Map 12. Hydrology and Hydraulic Computations 13. Culvert Layouts 14. Storm Sewer Layouts 15. Utility Exhibits 16. Signing and Pavement Marking Layouts 17. Storm water Pollution Prevention Plan (SW3P) & Erosion Control Layouts Page 9of11 18. Design Cross -Sections at 50 foot -intervals (11" x 17" Sheets) 19. Modified Standards and Construction Details 20. Engineer's Opinion of Probable Construction Cost 21. Proposed special provisions or special specifications requiring approval. 22. Draft Project Manual Comment log with closeout of CITY's comments from 60% submittal. Final Contract Document Submittal: Provide the CITY with paper copies of the following items. One copy reflecting the CITY's comments will be returned to the Engineer. 1 Final Complete set of the construction plan set on 11" x 17" Mylar signed and sealed by a Professional Engineer. 2 Final Complete Project Manual using City of Round Rock Standard Contract Documents and Technical Specifications. Note: City of Austin Standard Technical Specifications as adopted by the City of Round Rock shall be referenced in the Project Manual. The Project Manual shall include Supplemental General Conditions, Special Specifications, and Special Provisions as necessary for the project. 3. Tabulation of Bid Items and estimated quantities to be included in the Project Manual. 4. Engineer's Opinion of Probable Construction Cost. 5. The ENGINEER will prepare a detailed contract time estimate work sheet to determine the approximate time (working days), based on the CITY OF ROUND ROCK standard definition of a working day. 6. Comment log with closeout of CITY's comments from 100% submittal. SUPPORTING DOCUMENTS Opinion of Probable Construction Cost Construction Schedule Unit Price Documentation Standard Specifications List Special Specifications Special Provisions Deliverables Required of the ENGINEER The ENGINEER will be required to provide the following deliverable items: 1. Reproducible white bond paper final set of plan sheets (size 11" X 17") as required by the CITY. 2. One hard copy and one electronic copy of the Engineer's Estimate of probable construction cost, general notes, and specifications (Project Manual). All electronic copies of deliverables shall be in MS Word or Excel format as appropriate. The Project Manual shall be prepared in accordance with standard Page 10of11 City of Round Rock format based on previous project examples to be provided by the CITY. 3. Existing and design cross section output in ASCII format, and plotted on 11" x 17" plan sheets, or roll plot as requested by the CITY. 4. Provide a Final Hydraulic Report for the project including a drainage area map, hydrologic and hydraulic calculations, and layouts for all culverts, open channels, and storm sewer systems. After CITY review of the 100% submittal is complete and the ENGINEER is notified of findings, the Engineer will be required to update and/or clarify matters noted during the review process and submit the revised PS&E package to the CITY. Document Media Size No. Of Copies Review Submittal Final Submittal January 30, 2009 60% Submittal of PS&E April 10, 2009 100% Submittal of PS&E PS&E 11" x 17" 2 2 Engineering services shall also include the tasks more specifically described in the TASK OUTLINE. Deliverable (Note 1) Dates NTP Design Phase (Anticipated) January 9, 2009 Design Survey January 30, 2009 60% Submittal of PS&E April 10, 2009 100% Submittal of PS&E May 29, 2009 Final Contract Documents Submittal June 12, 2009 Note 1: Schedule includes 15 calendar days for review of submittals. Page 11 of 11 EXHIBIT C Work Schedule Leptember 2009 through July 2008 August 3 -a June t 2 i. 42. March February January I 1 Months Tasks a_ rz Design Survey H C CO n.o 0 N W a $ Final Contract Documents l Bid Phase Construction Phase Exhibit D Project Name: Meister Lane PS&E Consultant: HDR Engineering, Inc. Cost Component, Hours Total Hours Project Principal 10 Project Manager 64 Sr. Project Engineer 183 EIT 434 Sr. Design Technician 170 CADD Technician 372 Clerical/Steno 18 Total Hours 1251 Cost Component, Dollars Labor Burdened Rate Rate Project Principal $80 $246 $2,464 Project Manager $67 $206 $13,207 Sr. Project Engineer $43 $132 $24,237 EIT $35 $108 $18,326 Sr. Design Technician $35 $108 $40,102 CADD Technician $20 $62 $1,109 Clerical/Steno $22 $68 $84,768 Technology © $3.70/hr Phone, Fax, Postage,Advertisements Travel Expenses Printing $3.70 $4,629 $500 $600 $184,212 Subtotal TOTAL EXPENSES WI 10% markup $5,729 $6,302 Project Lump Sum Fee Summary Direct Labor $59,809 Indirect Costs (1.75%) $104,666 Direct Costs $6,302 Profit @12% $19,737 Design Survey (Subconsultant) $23,769 R.O.W. Acquisition Document Prep. & Survey $0 GEOTECH (Subconsultant) $5,800 TOTAL LUMP SUM FEE $220,083 EXHIBIT E Certificates of Insurance Attached Behind This Page CERTIFICATE OF LIABILITY INSURANCE PRODUCER Lockton meanies. LLC 444 W. 47" St. Suite 900 Kansas City. MO 64112 phone:816-960-9000 E-mail: INSURED: )IDR Enaneerina. Inc. 8404 Indian Hills Dr Omaha. NE 68114-4049 Phone:402-399-1145 E-mail: Date: 12/9/08 TDI number required. Please refer to the Texas Dept of insurance website: htlo://www.tdIstate.bc.us/ THIS 15 TO CERTIFY THAT the Insured named above Is Insured by the Companies listed above with respect to the business operations hereinafter described, for the types of Insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. CO TYPE OF POUCY EFFECTIVE EXPIRATION LTR INSURANCE NUMBER DATE DATE LIMITS A GENERAL LIABILITY GL03504583 6/1/08 611/09 GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP/OP AGG. $ 2,000,000 PERSONAL & ADV. INJURY $1,000,000 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) $1,000,000 MED. EXPENSE (Any one person) $ 10,000 B AUTOMOBILE LIABILITY BAP3504584 611108 6/1/09 COMBINED SINGLE LIMIT $ 2,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ B EXCESS LIABILITY (excludes Professional Liab) 6/1/08 6/1109 EACH OCCURRENCE $1,000,000 AUC3808400 AGGREGATE $ 1,000,000 C WORKERS' COMPENSATION 3621195 611/08 7/1/09 STATUTORY LIMITS $ Statutory AND EMPLOYERS' UABILITY EACH ACCIDENT $1,000,000 DISEASE - POLICY LIMIT $ 1,000,000 DISEASE - EACH EMPLOYEE $1,000,000 A PROFESSIONAL UAB1LITY E0C9260028-01 611/08 6/1/09 Per Claim: 51,000,000 A9gregate: 31,000,000 BUILDERS' RISK INSURANCE OR INSTALLATION INSURANCE DESCRIPTION OF OPERATIONSAACATIONS/VEHICLES1SPECIAL ITEMS/EXCEPTIONS: RE Develop Plans for the reconstruction of Meister Lane from Gattls School Rd to SH 45. Th. City of Round Rock Is named es additlonrd Insured with respect to all policies except'Workers' Compensation and Employers' Liability' and 'Professional Liability'. Should any of the above described policies be cancelled or changed before the expiation date thereof, the issuing company will mall thirty (30) days written nodes to the certificate holder named below. CERTIFICATE HOLDER: City Manager City of Round Rock 221 E Main Street Round Rock, Texas 78884 SIG ' - OF AGENT LI¢ENSEP IN STATE OF TEXAS Typed Name: Ron Lockton Title: President Page 2 00650 —1 2008 Certificate of Liability Insurance COMPANIES AFFORDING COVERAGE TDI A Zurich American insurance Co 95322 B American Guarantee & Liab. 2850 C New Hampshire Insurance Co ' 60150 D THIS 15 TO CERTIFY THAT the Insured named above Is Insured by the Companies listed above with respect to the business operations hereinafter described, for the types of Insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. CO TYPE OF POUCY EFFECTIVE EXPIRATION LTR INSURANCE NUMBER DATE DATE LIMITS A GENERAL LIABILITY GL03504583 6/1/08 611/09 GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP/OP AGG. $ 2,000,000 PERSONAL & ADV. INJURY $1,000,000 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) $1,000,000 MED. EXPENSE (Any one person) $ 10,000 B AUTOMOBILE LIABILITY BAP3504584 611108 6/1/09 COMBINED SINGLE LIMIT $ 2,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ B EXCESS LIABILITY (excludes Professional Liab) 6/1/08 6/1109 EACH OCCURRENCE $1,000,000 AUC3808400 AGGREGATE $ 1,000,000 C WORKERS' COMPENSATION 3621195 611/08 7/1/09 STATUTORY LIMITS $ Statutory AND EMPLOYERS' UABILITY EACH ACCIDENT $1,000,000 DISEASE - POLICY LIMIT $ 1,000,000 DISEASE - EACH EMPLOYEE $1,000,000 A PROFESSIONAL UAB1LITY E0C9260028-01 611/08 6/1/09 Per Claim: 51,000,000 A9gregate: 31,000,000 BUILDERS' RISK INSURANCE OR INSTALLATION INSURANCE DESCRIPTION OF OPERATIONSAACATIONS/VEHICLES1SPECIAL ITEMS/EXCEPTIONS: RE Develop Plans for the reconstruction of Meister Lane from Gattls School Rd to SH 45. Th. City of Round Rock Is named es additlonrd Insured with respect to all policies except'Workers' Compensation and Employers' Liability' and 'Professional Liability'. Should any of the above described policies be cancelled or changed before the expiation date thereof, the issuing company will mall thirty (30) days written nodes to the certificate holder named below. CERTIFICATE HOLDER: City Manager City of Round Rock 221 E Main Street Round Rock, Texas 78884 SIG ' - OF AGENT LI¢ENSEP IN STATE OF TEXAS Typed Name: Ron Lockton Title: President Page 2 00650 —1 2008 Certificate of Liability Insurance